Soybean cultivar BY1210428

ABSTRACT

The present invention is in the field of soybean variety BY1210428 breeding and development. The present invention particularly relates to the soybean variety BY1210428 and its progeny, and methods of making BY1210428.

THE FIELD OF THE INVENTION

The present invention is in the field of soybean cultivar breeding anddevelopment. The present invention particularly relates to the soybeancultivar BY1210428 and its progeny, and methods of making.

BACKGROUND OF THE INVENTION

Soybean Glycine max (L) is an important oil seed crop and a valuablefield crop. However, it began as a wild plant. This plant and a numberof other plants have been developed into valuable agricultural cropsthrough years of breeding and development. The pace of the developmentof soybeans, into an animal foodstuff and as an oil seed hasdramatically increased in the last one hundred years. Planned programsof soybean breeding have increased the growth, yield and environmentalhardiness of the soybean germplasm.

Due to the sexual reproduction traits of the soybean, the plant isbasically self-pollinating. A self-pollinating plant permits pollen fromone flower to be transferred to the same or another flower of the sameplant. Cross-pollination occurs when the flower is pollinated withpollen from a different plant; however, soybean cross-pollination is arare occurrence in nature.

Thus the growth and development of new soybean germplasm requiresintervention by the breeder into the pollination of the soybean. Thebreeders' methods of intervening depends on the type of trait that isbeing bred. Soybeans are developed for a number of different types oftraits morphological (form and structure), phenotypical, or for traitslike growth, day length, temperature requirements, initiation date offloral or reproductive development, fatty acid content, insectresistance, disease resistance, nematode resistance, fungal resistance,herbicide resistance, tolerance to various environmental factors likedrought, heat, wet, cold, wind, adverse soil condition and also foryield. The genetic complexity of the trait often drives the selection ofthe breeding method.

Due to the number of genes within each chromosome, millions of geneticcombinations exist in the breeders' experimental soybean material. Thisgenetic diversity is so vast that a breeder cannot produce the same twocultivars twice using the exact same starting parental material. Thus,developing a single variety of useful commercial soybean germplasm ishighly unpredictable, and requires intensive research and development.

The development of new soybeans comes through breeding techniques, suchas: recurrent selection, mass selections, backcrossing, single seeddescent and multiple seed procedure. Additionally, marker assistedbreeding allows more accurate movement of desired alleles or evenspecific genes or sections of chromosomes to be moved within thegermplasm that the breeder is developing. RFLP, RAPD, AFLP, SSR, SNP,SCAR, isozymes, are some of the forms of markers that can be employed inbreeding soybeans or in moving traits into soybean germplasm. Otherbreeding methods are known and are described in various plant breedingor soybean textbooks.

When a soybean variety is being employed to develop a new soybeanvariety or an improved variety the selection methods may includebackcrossing, pedigree breeding, recurrent selection, marker assistedselection, modified selection and mass selection or a combination ofthese methods. The efficiency of the breeding procedure along with thegoal of the breeding are the factors for determining which selectiontechniques are employed. A breeder continuously evaluates the success ofthe breeding program and therefore the efficiency of any breedingprocedures. The success is usually measured by yield increase,commercial appeal and environmental adaptability of the developedgermplasm.

The development of new soybean cultivars most often requires thedevelopment of hybrid crosses (some exceptions being initial developmentof mutants directly through the use of the mutating agent, certainmaterials introgressed by markers, or transformants made directlythrough transformation methods) and the selection of progeny. Hybridscan be achieved by manual manipulation of the sexual organs of thesoybean or by the use of male sterility systems. Breeders often try toidentify true hybrids by a readily identifiable trait or the visualdifferences between inbred and hybrid material. These heterozygoushybrids are then selected and repeatedly selfed and reselected to formnew homozygous soybean lines.

Mass and recurrent selection can be used to improve populations. Severalparents are intercrossed and plants are selected based on selectedcharacteristics like superior yield or excellent progeny resistance.Outcrossing to a number of different parents creates fairly heterozygousbreeding populations.

Pedigree breeding is commonly used with two parents that possessfavorable, complementary traits. The parents are crossed to form a F1hybrid. The progeny of the F1 hybrid is selected and the best individualF2s are selected; this selection process is repeated in the F3 and F4generations. The inbreeding is carried forward and at approximatelyF5-F7 the best lines are selected and tested in the development stagefor potential usefulness in a selected geographic area.

In backcross breeding a genetic allele or loci is often transferred intoa desirable homozygous recurrent parent. The trait from the donor parentis tracked into the recurrent parent. The resultant plant is bred to belike the recurrent parent with the new desired allele or loci.

The single-seed descent method involves use of a segregating plantpopulation for harvest of one seed per plant. Each seed sample isplanted and the next generation is formed. When the F2 lines areadvanced to approximately F6 or so, each plant will be derived from adifferent F2. The population will decline due to failure of some seeds,so not all F2 plants will be represented in the progeny.

New varieties must be tested thoroughly to compare their developmentwith commercially available soybeans. This testing usually requires atleast two years and up to six years of comparisons with other commercialsoybeans. Varieties that lack the entire desirable package of traits canbe used as parents in new populations for further selection or aresimply discarded. The breeding and associated testing process is 8 to 12years' of work prior to development of a new variety. Thousands ofvarietal lines are produced but only a few lines are selected in eachstep of the process. Thus the breeding system is like a funnel withnumerous lines and selections in the first few years and fewer and fewerlines in the middle years until one line is selected for the finaldevelopment testing.

The selected line or variety will be evaluated for its growth,development and yield. These traits of a soybean are a result of thevariety's genetic potential interacting with its environment. Allvarieties have a maximum yield potential that is predetermined by itsgenetics. This hypothetical potential for yield is only obtained whenthe environmental conditions are near perfect. Since perfect growthconditions do not exist, field experimentation is necessary to providethe environmental influence and to measure its effect on the developmentand yield of the soybean. The breeder attempts to select for an elevatedsoybean yield potential under a number of different environmentalconditions.

Selecting for good soybean yield potential in different environmentalconditions is a process that requires planning based on the analysis ofdata in a number of seasons. Identification of the varieties carrying asuperior combination of traits, which will give consistent yieldpotential, is a complex science. The desirable genotypic traits in thevariety can often be masked by other plant traits, unusual weatherpatterns, diseases, and insect damage. One widely employed method ofidentifying a superior plant with such genotypic traits is to observeits performance relative to commercial and experimental plants inreplicated studies. These types of studies give more certainty to thegenetic potential and usefulness of the plant across a number ofenvironments.

In summary, the goal of the soybean plant breeder is to produce new andunique soybeans and progeny of the soybeans for farmers' commercial cropproduction. To accomplish this, the plant breeder painstakingly crossestwo or more varieties or germplasm. Then the results of this cross arerepeatedly selfed or backcrossed to produce new genetic patterns. Neweravenues for producing new and unique genetic alleles in soybeans includeintroducing (or creating) mutations or transgenes into the geneticmaterial of the soybean are now in practice in the breeding industry.These genetic alleles can alter pest resistance such as diseaseresistance, insect resistance, nematode resistance, herbicideresistance, or they can alter the plant's environmental tolerances, orits seeds fatty acid compositions, the amount of oil produced, and/orthe amino acid/protein compositions of the soybean plant or its seed.

The traits a breeder selects for when developing new soybeans are drivenby the ultimate goal of the end user of the product. Thus if the goal ofthe end user is to resist a certain plant disease so overall more yieldis achieved, then the breeder drives the introduction of genetic allelesand their selection based on disease resistant levels shown by theplant. On the other hand, if the goal is to produce specific fatty acidcomposition, with for example a high level of oleic acid and/or a lowerlevel of linolenic acid, then the breeder may drive the selection ofgenetic alleles/genes based on inclusion of mutations or transgenes thatalter the levels of fatty acids in the seed. Reaching this goal mayallow for the acceptance of some lesser yield potential or other lessdesirable agronomic trait.

The new genetic alleles being introduced in to soybeans are widening thepotential uses and markets for the various products and by-products ofthe oil from the seed plants such as soybean. A major product extractedfrom soybeans is the oil in the seed. Soybean oil is employed in anumber of retail products such as cooking oil, baked goods, margarinesand the like. Another useful product is soybean meal, which is acomponent of many foods and animal feedstuffs.

SUMMARY OF THE INVENTION

One embodiment of the invention relates to seed of a soybean cultivardesignated BY1210428. The invention relates to the plant from the seeddesignated BY1210428, or the plant parts. The invention also encompassesa tissue culture of regenerable cells, cells or protoplasts being from atissue selected from the group consisting of: leaves, pollen, embryos,meristematic cells, roots, root tips, anthers, flowers, ovule, seeds,stems, pods, petals and the cells thereof.

The invention in one aspect covers a soybean plant, or parts thereof,having all of the physiological and morphological characteristics of thesoybean plant.

Another aspect of this invention is the soybean plant seed or derivedprogeny which contains a transgene which provides herbicide resistance,fungal resistance, insect resistance, resistance to disease, resistanceto nematodes, male sterility, or which alters the oil profiles, thefatty acid profiles, the amino acids profiles or other nutritionalqualities of the seed.

Additional desired traits carried in transgenes or mutations can betransferred into the present invention. Such desired traits may confer acharacteristic selected from the group comprising male sterility,herbicide resistance, disease resistance, insect resistance, modifiedfatty acid metabolism, modified carbohydrate metabolism, abiotic stresstolerance, drought tolerance, stress tolerance, modified nutrientdeficiency tolerances, or resistance to bacterial disease, fungaldisease, nematode disease, or viral disease. Said desired traits may beinclude phytase, fructosyltransferase, levansucrase, alpha-amylase,invertase, starch branching enzyme, or for example, may encode anantisense of stearyl-ACP desaturase. Said desired traits may also bedirected toward herbicide tolerance, where the tolerance is conferred toan herbicide selected from the group consisting of glyphosate,glufosinate, acetolactate synthase (ALS) inhibitors,hydroxyphenylpyruvate dioxygenase (HPPD) inhibitors, protoporphyrinogenoxidase (PPO) inhibitors, phytoene desaturase (PDS) inhibitors,photosystem II (PSII) inhibitors, dicamba and 2,4-D.

This invention embodies a method of introducing a desired trait intosoybean variety derived from BY1210428 wherein the method comprises: (a)crossing a BY1210428 plant with a plant of another soybean variety thatcomprises a desired trait to produce new progeny plants, wherein thedesired trait is selected from the group comprising male sterility,herbicide resistance, disease resistance, insect resistance, modifiedfatty acid metabolism, modified carbohydrate metabolism, and resistanceto bacterial disease, fungal disease or viral disease; (b) selecting oneor more new progeny plants that have the desired trait to produceselected progeny plants; (c) selfing selected progeny plants or crossingthe selected progeny plants with the BY1210428 plants to produce lategeneration selected progeny plants; (d) crossing or further selectingfor later generation selected progeny plants that have the desired traitand physiological and morphological characteristics of soybean varietyBY1210428 to produce selected next later generation progeny plants; andoptionally (e) repeating crossing or selection of later generationprogeny plants to produce progeny plants that comprise the desired traitand all of the physiological and morphological characteristics of saiddesired trait and of soybean variety BY1210428 when grown in the samelocation and in the same environment.

The present invention further covers a method for producing a soybeanseed with the steps of crossing at least two parent soybean plants andharvesting the hybrid soybean seed, wherein at least one parent soybeanplant is the present invention. Another aspect of the invention coversthe hybrid soybean seed and the progeny soybean plant and resultantseed, or parts thereof from the hybrid seed or plant or its progeny.

In an additional aspect, the invention covers a method for producing asoybean progeny from the invention by crossing soybean line BY1210428with a second soybean plant to yield progeny soybean seed and thengrowing progeny soybean seed to develop a derived soybean line.

Yet another aspect of the invention covers a method for a breedingprogram using plant breeding techniques which employ the soybean plantBY1210428 as plant breeding material and performing breeding byselection techniques, backcrossing, pedigree breeding, marker enhancedselection, mutation and transformation.

In an additional aspect, the invention covers a method for producing aninbred soybean plant derived from soybean variety BY1210428 by crossingsoybean line BY1210428 with a second soybean plant to yield progenysoybean seed, and then growing a progeny plant and crossing said plantwith itself or a second progeny plant to produce a progeny plant of asubsequent generation, and then repeating these steps for furthersubsequent generations to produce an inbred soybean plant derived fromsoybean variety BY1210428.

DETAILED DESCRIPTION

The following data is used to describe and enable the present soybeaninvention.

Common Name Code Name Description Cyst Nematode Race 14 CN14R CN14RGreenhouse Cyst Nematode Race 14 1 = R, CN14R 3 = MR, 5 = seg, 9 = SCyst Nematode Race 3 CN3_R CN3_R Greenhouse Cyst Nematode Race 3 1 = R,3 = MR, CN3_R 5 = seg, 9 = S Dead Leaves DL_R DL_R Dead Leaves Rating(when not sure what cause) Early Plot Appearance EPA_R Early PlotAppearance - emergence, evenness of stand V2-V6 Emergence EMRGR EMRGREmerge Emergence 1 to 9 (1 = best) Flower Color FL_CR FL_CR FL_CR FlowerColor 1 = W = White; 2 = P = Purple; 9 = Seg = Segregating (Mixture ofColors) Frogeye Leaf Spot FELSR FELS Frogeye Leaf Spot rating 1-9 (1 =best) Grain Yield at harvest YGHMN YGHMN Grain Yield at Harvest Moisturemoisture Grain Yield at Std MST YGSMN Yield Grain Yield at StandardMoisture - (Qt/H) Green Lodging GLDGR GLDGR GrnLod Green Lodging RatingR5 to R6 1 = All erect; 5 = 45 degree; 9 = flat Green Stem GS_R GS_RGrnStem Green Stem rating 1-9 (1 = best) Harvest Appearance HVAPR HVAPROveral Harvest Appearance 1 = best; 5 = average; 9 = Poor HarvestLodging HLDGR HLDGR HrvstLod Harvest Lodging 1 = All erect; 5 = 45degree; 9 = flat Hilum Color HILCT HILCT Hilum Color G = Grey; BR =Brown; BF = Buff; BL = Black; IB = Imperfect Black; Y = Yellow; IY =Imperfect Yellow; S = Segregating (Mixture of Colors) Maturity Date(MMDD) MRTYD MRTYD Maturity Date (MMDD) - 95% of plants in row shedleaves & pods turned mature color Maturity Days from planting MRTYNMatDays Maturity - Days from planting date Moisture % (Field) MST_PGMSTP GMSTP Moisture % (Field) Phytophthora Root Rot PRR_R PRRPhytophthora Root Rot Field Tolerance. Rating (1 = best) Plant BranchingPLBRR Branch Plant Branching Rating 1 = No branching; 5 = Average; 9 =Profuse

Detailed Description

The following data is used to describe and enable the present soybeaninvention.

Common Name Code Name Description Plant Canopy Rating PLCNR Canopy PlantCanopy Rating PLCNR 1 = no branching, 5 = average, 9 = profuse PlantHeight (cm) PLHTN Height Plant Height in centimeters Pod Color PD_CRPD_CR Pod Color Rating 1 = T = Tawny; 2 = B = Brown; 9 = Seg =Segregating (Mixture of Colors) PRR GENE RPS_T RPS_T RPS_T PhytophthoraRoot Rot GENE, 1C, 1K, No Gene, etc. Pubescence Color PB_CR PB_CRPubescence Color Rating 1 = G = Gray; 2 = T = Tawny; 4 = Lt = LighTawny; 9 = Seg = Segregating (Mixture of Colors) Root Knot Incogita MI_TMI_T Root Knot Incogita trait. R = resistance; MR = mixed resistance; S= susceptible Root Knot Incognita MI_R MI_R Root Knot Incognita rating(1 = best) SCN Race 14 FI % CN14P CN14P Soybean Cyst Nematode Race 14Female Index % SCN Race 3 FI % CN3_P CN3_P Soybean Cyst Nematode Race 3FI % Shattering STR_R Shattering 1-9 (1 = best) Sulfonylurea Tol. STS_RSTS_R Sulfonylurea Tolerance Rating 1-9; 1 = Tolerant 9 = sensitiveYield Test Percentage TESTP TESTP The Mean Yield of the variety,expressed as a percentage of the Mean Yield of all varieties in thetrial Variety/Hybrid Number VHNO VHNO A code designating a particularvariety Iron Chlorosis IC_R Iron Chlorosis Rating or Calculated fromFlash & Recovery Mean 1-9 (1 = best) Iron Chlorosis Yellow Flash ICFLRIron Chlorosis Yellow Flash Rating 1-9 (1 = best) Rate Iron ChlorosisRecovery ICR_R Iron Chlorosis Recovery Rating 1-9 (1 = best) RadiometryIDC Number IC_N Iron Deficiency Chlorosis Adjusted Radiometry NumberCalculated from Max Flast and Recovery Mean Brown Stem Rot BSR_R BSRBrown Stem Rot Rating 1-9 (1 = best) Charcoal Rot CR_R Charcoal RotRating 1-9 (1 = best)

Detailed Description

The following data is used to describe and enable the present soybeaninvention.

Common Name Code Name Description Powdery Mildew PM_R Powdery MildewRating 1-9 (1 = best) Bacterial Pustule BP_R Bacterial Pustule Rating1-9 (1 = best) Rust RUSTR Rust severity overall rating 1-9, 9 beinghigher severity Sudden Death Syndrome SDS_R Sudden Death Syndrome Rating1-9 (1 = best) Sclerotinia White Mold SCL_R SWM Sclerotinia White MoldSeverity Rating 1-9 (1 = best) Target Spot TSP_R Target Spot(Corynespora cassiicola) Rating 1-9 (1 = best) Stem Canker (Southern)DPM_R Stem Canker (Southern) Rating 1-9 (1 = best) Stem Canker (South)DPMTR Stem Canker (Southern) Tolerance Rating 1-9 Tolerance (1 = best)

TRAIT DEFINITIONS

Hypocotyl Length (Hyp_R) A rating of a variety's hypocotyl extensionafter germination when planted at a 5″ depth in sand and maintained in awarm germination environment for 10 days.

Seedling Establishment (EMRGR) A rating of uniform establishment andgrowth of seedlings. Rating is taken between the V1 and V3 growth stagesand is a 1 to 9 rating with 1 being the best stand establishment.

Seed Coat Peroxidase (Perox)—seed protein peroxidase activity is achemical taxonomic technique to separate cultivars based on the presenceor absence of the peroxidase enzyme in the seed coat. Ratings arePOS=positive for peroxidase enzyme or NEG=negative for peroxidaseenzyme.

Chloride Sensitivity (CLS_T) An “Excluder” accumulates chloride andrestricts the chloride in the roots. An “Includer” accumulates chloridethroughout the plant. Based on molecular markers for analyzing chloridesensitivity, a chloride excluder carries a susceptible marker allele,and a chloride includer has a resistant allele.

Plant Height (PLHTN) The average measured plant height, in centimeters,of 5 uniform plants per plot, taken just prior to harvest.

Plant Branching (PLBRR) Rating of the number of branches and theirrelative importance to yield. This rating is taken at growth expressivelocations. 1=no branching, 5=average and 9=profuse. Ratings taken justprior to harvest.

Green Lodging (GLDGR) Rating based on the average of plants leaning fromvertical at the R5 to R6 growth stage. 1=all are erect, 5=averageerectness. 9=all are flat. Rating of one is the best rating.

Harvest Lodging (HLDGR) Rating based on the average of plants leaningfrom vertical at harvest. Lodging score (1=completely upright, 5=45degree angle from upright; 9=completely prostrate). Rating one is thebest rating and ratings are taken just prior to harvest.

MON89788 The transgenic soybean event MON89788 carries a glyphosatetolerance transgene (U.S. Pat. No. 7,632,985 herein incorporated byreference). This transgene may be introgressed into a soybean variety,such that said variety now carries the glyphosate tolerance transgene.

Phytophthora Root Rot (PRR_R) means a Phytophthora Root Rot fieldtolerance rating. Rating is 1-9 with one being the best. The informationcan also include the listing of the actual resistance gene (RPS_T), forexample, Rps gene 1C.

Root Knot Nematode (RKN) Greenhouse screen—45 day screen of rootsinoculated with eggs and juveniles. Rating Scale based upon femalereproduction index on a susceptible check set determined by number ofgalls present on the root mass. Rating scale is 1-9 with 1 being best.Species specific ratings: Arenaria (MA_R), Incognita (MI_R), Javanica(MJ_R).

Stem Canker (Southern) (DPM_R) Greenhouse screen to identify vertical(gene) type of resistance. One week old soybean seedlings are inoculatedwith the stem canker pathogen by opening up a small slit into thehypocotyl and depositing a small drop of the fungal suspension. Theinoculated seedlings are then placed into a moisture chamber. When theseedlings of the known checks have collapsed, disease severity ratingare given on a 1-9 score. One being the best.

Stem canker (Southern) tolerance (DPMTR) Field nursery. The objective ofthis test is to evaluate the Field Resistance/Tolerance of soybean linesunder field conditions. This is necessary due to the fact that of thefour known genes that convey vertical type of resistance to stem canker,one gene (Rdc4 from the variety Dowling), exhibits a 40-50% plant kill(false positive) when screened in the greenhouse using the hypocotylinoculation technique. Lines that scored a rating of 4-9 in thegreenhouse are planted in the field. They are sprayed at least 5 timesduring their first month of development with a spore suspensioncontaining the stem canker fungus. With the inclusion of verysusceptible stem canker checks, we are able to identify horizontal(field resistance/tolerance) resistance in certain lines. Quite often,lines scoring a 9 in the greenhouse, rate a score of 1 in the field dueto either having the Rdc4 gene or having good fieldresistance/tolerance. Disease severity scores are once again given on a1-9 scale when the plants have reached the R6 growth stage of plantdevelopment. One being the best.

Brown Stem Rot (BSR_R) This disease is caused by the fungus Phialophoragregata. The disease is a late-season, cool-temperature, soil bornefungus which in appropriate favorable weather can cause up to 30 percentyield losses in soybean fields. BSR_R is an opportunistic field rating.The scale is 1-9. One rating is best.

Sudden Death Syndrome (SDS_R) This disease is caused by slow-growingstrains of Fursarium solani that produce bluish pigments in the centralpart of the culture when produced on a PDA culture. The disease appearsmainly in the reproductive growth stages (R2-R6) of soybeans. Normaldiagnostics are distinctive scattered, intervienal chlorotic spots onthe leaves. Yield losses may be total or severe in infected fields. TheSudden Death Syndrome Rating is both a field nursery and anopportunistic field rating. It is based on leaf area affected as definedby the Southern Illinois University method of SDS scoring. The scaleused for these tests is 1-9. A one rating is best.

Sclerotinia White Mold (SCL_R) This disease is caused by the fungalpathogen Sclerotinia sclerotium. The fungus can overwinter in the soilfor many years as sclerotia and infect plants in prolonged periods ofhigh humidity or rainfall. Yield losses may be total or severe ininfected fields. Sclerotinia White Mold (SCL_R) rating is a field rating(1-9 scale) based on the percentage of wilting or dead plants in a plot.A one rating is the best.

Frog Eye Leaf Spot (FELSR) This is caused by the fungal pathogenCercospora sojina. The fungus survives as mycelium in infected seeds andin infested debris. With adequate moisture new leaves become infected asthey develop until all the leaves are infected. Yield losses may be upto 15% in severe infected fields. Frog Eye Leaf Spot (FELSR) rating is afield rating (1-9 scale) based on the percentage of leaf area affected.The scale is 1-9 where 1=no leaf symptoms and 9=severe leaf symptoms.One is the best rating. To test varieties for Frog Eye Leaf Spot adisease nursery is artificially inoculated with spores. The ratings aredone when the plants have reached the R5-R6 growth stage. Visualcalibration is done with leaf photos of different frogeye severityratings as used by the University of Tennessee and Dr. Melvin Newman,State Plant Pathologist for TN.

Soybean Cyst Nematode (SCN) The Soybean Cyst Nematode Heteroderaglycines, is a small plant-parasitic roundworm that attacks the roots ofsoybeans. Soybean Cyst Nematode Ratings are taken from a 30 daygreenhouse screen using cyst infested soil. The rating scale is basedupon female reproduction index (FI %) on a susceptible check set((female reproduction on a specific line/female reproduction onSusceptible check)*100) where <10%=R (RESISTANT); >10%-<30%=MR(MODERATELY RESISTANT); >30%-<60%=MS (MODERATELY SUSPECTIBLE); >60%=S(SUSPECTIBLE). The screening races include: 1, 3, 5, 14. Individualratings CN1_P, CN3_P, CN5_P, and CN14_P refer to the resistance to SCNraces 1, 3, 5 and 14 FI % respectively.

Powdery Mildew The name given to a group of diseases caused by severalclosely related fungi. Their common symptom is a grayish-white, powderymat visible on the surface of leaves, stems, and flower petals. Thereare many hosts; and although this disease is not considered fatal, plantdamage can occur when the infestation is severe.

Soybean Rust (Rust) Previously known as Asian soybean rust. This diseaseis caused by the fungus Phakopsora pachyrhiz.

Maturity Days from Planting (MRTYN) Plants are considered mature when95% of the pods have reached their mature color. MRTYN is the number ofdays calculated from planting date to 95% mature pod color.

Relative Maturity Group (RM) Industry Standard for varieties groups,based on day length or latitude. Long day length (northern areas in theNorthern Hemisphere) are classified as (Groups 000,00,0). Mid daylengths variety groups lie in the middle group (Groups I-VI). Very shortday lengths variety groups (southern areas in Northern Hemisphere) areclassified as (Groups VII, VIII, IX).

Grain Yield at Standard Moisture (YGSMN) The actual grain yield atstandard moisture (13%) reported in the unit's bushels/acre.

Shattering (STR_R) The rate of pod dehiscence prior to harvest. Poddehiscence is the process of beans dropping out of the pods. Advancedvarieties are planted in a replicated nursery south of their adaptedzone to promote early senescence. Mature plots are allowed to stand inthe field to endure heat/cool and especially wet/dry cycles. Rating isbased on the differences between varieties of the amount of open podsand soybeans that have fallen on the ground. The rating scale is 1-9with 1=no shattering and 9=severe shattering. One rating is best.

Yield Test Percentage (TESTP) The mean yield of the subject varietyexpressed as a percentage of the mean yield of all varieties in thetrial.

Plant Parts Means the embryos, anthers, pollen, nodes, roots, root tips,flowers, petals, pistols, seeds, pods, leaves, stems, meristematic cellsand other cells (but only to the extent the genetic makeup of the cellhas both paternal and maternal material) and the like.

Palmitic Acid Means a fatty acid, C₁₅H₃₁COOH, occurring in soybean. Thisis one of the five principal fatty acids of soybean oil.

Linolenic Acid Means an unsaturated fatty acid, C₁₇H₂₉COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Stearic Acid Means a colorless, odorless, waxlike fatty acid, CH₃(CH₂)₁₆COOH, occurring in soybean. This is one of the five principalfatty acids of soybean oil.

Oleic Acid Means an oily liquid fatty acid, C₁₇H₃₃COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Linoleic Acid Means an unsaturated fatty acid, C₁₇H₃₁COOH, occurring insoybean. This is one of the five principal fatty acids of soybean oil.

Plant Means the plant, in any of its stages of life including the seedor the embryo, the cotyledon, the plantlet, the immature or the matureplant, the plant parts, plant protoplasts, plant cells of tissue culturefrom which soybean plants can be regenerated, plant calli, plant clumps,and plant cells (but only to the extent the genetic makeup of the cellhas both paternal and maternal material) that are intact in plants orparts of the plants, such as pollen, anther, nodes, roots, flowers,seeds, pods, leaves, stems, petals and the like.

Bud Blight (virus—tobacco ringspot virus): A virus disease of soybeans,symptoms form a curled brown crook out of the terminal bud of plants.

Soybean Mosaic (virus): This soybean virus appears as a yellow vein oninfected plants. This virus will show in the veins of developing leaves.Leaves look narrow and have puckered margins. Infection results in lessseed formed in odd shaped pods. The virus is vectored by aphids.

Bean Pod Mottle Virus (virus): The bean leaf beetle vectored virus. Thisvirus causes a yellow-green mottling of the leaf particularly in coolweather.

Target Spot (fungus—Alternaria sp.): This fungus infects leaves, alsoshows spots on pods and stems.

Anthracnose (fungus—Colletotrichum dematium var. truncatum): This fungusinfects stems, petioles and pods of almost mature plants.

Brown Leaf Spot (fungus—Septoria glycines): Early foliar disease onsoybeans in springtime.

Downy Mildew (fungus—Peronospora manshurica): Fungus appears on thetopside of the leaf. The fungus appears as indefinite yellowish-greenareas on the leaf.

Purple Seed Stain (fungus—Cercospora kikuchii): This fungus is on themature soybean seed coat and appears as a pink or light to dark purplediscoloration.

Seed Decay and Seedling Diseases (fungi—Pythium sp., Phytophthora sp.,Rhizoctonia sp., Diaporthe sp.): When damage or pathology causes reducedseed quality, then the soybean seedlings are often predisposed to thesedisease organisms.

Bacterial Blight (bacterium—Pseudomonas syringae pv. glycinea): Asoybean disease that appears on young soybean plants.

Charcoal Rot (fungus—Macrophomina phaseolina): Charcoal rot is a sandysoil, mid-summer soybean disease.

Rhizobium-Induced Chlorosis: A chlorosis appearing as light green towhite which appears 6-8 weeks during rapid plant growth.

Bacterial Pustule (bacterium—Xanthomonas campestris pv. phaseoli): Thisis usually a soybean leaf disease; however, the disease from the leavesmay infect pods.

Cotton Root Rot (fungus—Phymatotrichum omnivorum): This summertimefungus causes plants to die suddenly.

Pod and Stem Blight (fungus—Diaporthe phaseolorum var. sojae): Thefungus attacks the maturing pod and stem and kills the plant.

Treated Seed means the seed of the present invention with a pesticidalcomposition. Pesticidal compositions include but are not limited tomaterial that are insecticidal, fungicidal, detrimental to pathogens, orsometimes herbicidal.

Definitions of Staging of Development

The plant development staging system employed in the testing of thisinvention divides stages as vegetative (V) and reproductive (R). Thissystem accurately identifies the stages of any soybean plant. However,all plants in a given field will not be in the stage at the same time.Therefore, each specific V or R stage is defined as existing when 50% ormore of the plants in the field are in or beyond that stage.

The first two stages of V are designated a VE (emergence) and VC(cotyledon stage). Subdivisions of the V stages are then designatednumerically as V1, V2, V3 through V (n). The last V stage is designatedas V (n), where (n) represents the number for the last node stage of thespecific variety. The (n) will vary with variety and environment. Theeight subdivisions of the reproductive stages (R) states are alsodesignated numerically. R1=beginning bloom; R2=full bloom; R3=beginningpod; R4=full pod; R5=beginning seed; R6=full seed; R7=beginningmaturity; R8=full maturity.

Soybean Cultivar BY1210428

The present invention comprises a soybean plant characterized bymolecular and physiological data obtained from the representative sampleof said variety deposited with the American Type Culture Collection.Additionally, the present invention comprises a soybean plant comprisingthe homozygous alleles of the variety, formed by the combination of thedisclosed soybean plant or plant cell with another soybean plant orcell.

This soybean variety in one embodiment carries one or more transgenes,for example, the glyphosate tolerance transgene, a desaturase gene orother transgenes. In another embodiment of the invention, the soybeandoes not carry any herbicide resistance traits. In yet anotherembodiment of the invention, the soybean does not carry any transgenesbut may carry alleles for aphid resistance, cyst nematode resistanceand/or brown stem rot or the like.

The present invention provides methods and composition relating toplants, seeds and derivatives of the soybean cultivar BY1210428. Soybeancultivar BY1210428 has superior characteristics. The BY1210428 line hasbeen selfed sufficient number of generations to provide a stable anduniform plant variety.

Cultivar BY1210428 shows no variants other than expected due toenvironment or that normally would occur for almost any characteristicduring the course of repeated sexual reproduction. Some of the criteriaused to select in various generations include: seed yield, emergence,appearance, disease tolerance, maturity, plant height, and shatteringdata.

The inventor believes that BY1210428 is similar in relative maturity tothe comparison varieties. However, as shown in the table, BY1210428differs from these cultivars.

Direct comparisons were made between BY1210428 and the listed commercialvarieties. Traits measured may include yield, maturity, lodging, plantheight, branching, field emergence, and shatter. The results of thecomparison are presented in the table below. The number of tests inwhich the varieties were compared is shown with the environments, meanand standard deviation for some traits.

The present invention BY1210428 can carry genetic engineered recombinantgenetic material to give improved traits or qualities to the soybean.For example, but not limited to, the present invention can carry theglyphosate resistance gene for herbicide resistance as taught in theMonsanto patents (WO92/00377, WO92/04449, U.S. Pat. No. 5,188,642 andU.S. Pat. No. 5,312,910) or STS mutation for herbicide resistance.Additional traits carried in transgenes or mutation can be transferredinto the present invention. Some of these genes include genes that givedisease resistance to sclerotinia such as the oxalate oxidase (Ox Ox)gene as taught in PCT/FR92/00195 Rhone Polunc and/or an oxalatedecarboxylase gene for disease resistance or genes designed to alter thesoybean oil within the seed such as desaturase, thioesterase genes(shown in EP0472722, U.S. Pat. No. 5,344,771) or genes designed to alterthe soybean's amino acid characteristics. This line can be crossed withanother soybean line which carries a gene that acts to provide herbicideresistance or alter the saturated and/or unsaturated fatty acid contentof the oil within the seed, or the amino acid profile of the seed. Thusthrough transformation or backcrossing of the present invention with atransgenic line carrying the desired event, the present inventionfurther comprise a new transgenic event that is heritable. Some of theavailable soybean transgenic events include 11-234-01p Dow Soybean 2,4-D, Glyphosate and Glufosinate Tolerant/DAS-444Ø6-6; 11-202-01pMonsanto Soybean Increased Yield/MON 87712; 10-188-01p Monsanto SoybeanDicamba Tolerant/MON 87708; 09-015-01p BASF Soybean ImadazolinoneTolerant/BPS-CV127-9; 09-328-01p Bayer Soybean Glyphosate andIsoxaflutole Tolerant/FG72; 09-201-01p Monsanto Soybean Improved FattyAcid Profile/MON 87705; 09-183-01p Monsanto Soybean Stearidonic AcidProduced/MON 87769; 09-082-01p Monsanto Soybean Insect Resistant/MON87701; 06-354-01p Pioneer Soybean High Oleic Acid/Event 305423;06-271-01p Pioneer Soybean Glyphosate & Acetolactate SynthaseTolerant/DP-356Ø43-5; 06-178-01p Monsanto Soybean GlyphosateTolerant/MON 89788; 98-238-01p AgrEvo Soybean PhosphinothricinTolerant/GU262; 97-008-01p Du Pont Soybean High Oleic Acid Oil/G94-1,G94-19, G-168; 96-068-01p AgrEvo Soybean Glufosinate Tolerant/W62, W98,A2704-12, A2704-21, A5547-35; 96-068-01p AgrEvo Soybean GlufosinateTolerant/W62, W98, A2704-12, A2704-21, A5547-35; 93-258-01p MonsantoSoybean Glyphosate Tolerant/4-30-2.

The present invention can also carry herbicide tolerance where thetolerance is conferred to an herbicide selected from the groupconsisting of glyphosate, glufosinate, acetolactate synthase (ALS)inhibitors, hydroxyphenylpyruvate dioxygenase (HPPD) inhibitors,protoporphyrinogen oxidase (PPO) inhibitors, phytoene desaturase (PDS)inhibitors, photosystem II (PSII) inhibitors, dicamba and 2,4-D.

This invention also is directed to methods for producing a new soybeanplant by crossing a first parent plant with a second parent plantwherein the first or second parent plant is the present invention.Additionally, the present invention may be used in the varietydevelopment process to derive progeny in a breeding population orcrossing.

Further, both first and second parent plants can be or be derived fromthe soybean line BY1210428. A variety of breeding methods can beselected depending on the mode of reproduction, the trait, the conditionof the germplasm. Thus, any such methods using the BY1210428 are part ofthis invention: selfing, backcrosses, recurrent selection, massselection and the like.

The scope of the present invention includes use of marker methods. Inaddition to phenotypic observations, the genotype of a plant can also beexamined. There are many techniques or methods known which are availablefor the analysis, comparison and characterization of plant's genotypeand for understanding the pedigree of the present invention andidentifying plants that have the present invention as an ancestor; amongthese are Isozyme Electrophoresis, Restriction Fragment LengthPolymorphisms (RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs),Arbitrarily Primed Polymerase Chain Reaction (AP-PCR), DNA AmplificationFingerprinting (DAF), Sequence Characterized Amplified Regions (SCARs),Amplified Fragment Length Polymorphisms (AFLPs), and Simple SequenceRepeats (SSRs) which are also referred to as Microsatellites.

A backcross conversion, transgene, or genetic sterility factor, may bein an embodiment of the present invention. Markers can be useful intheir development, such that the present invention comprising backcrossconversion(s), transgene(s), or genetic sterility factor(s), and areidentified by having a molecular marker profile with a high percentidentity such as 95%, 96%, 97%, 98%, 99%, 99.5% or 99.9% identical tothe present invention.

These embodiments may be detected using measurements by either percentidentity or percent similarity to the deposited material. These markersmay detect progeny plants identifiable by having a molecular markerprofile of at least 25%, 30%, 35%, 40%, 45%, 50%, 55%, 60%, 65%, 70%,75%, 76%, 77%, 78%, 79%, 80%, 81%, 82%, 83%, 84%, 85%, 86%, 87%, 88%,89%, 90%, 91%, 92%, 93%, 94%, 95%, 96%, 97%, 98%, 99% or 99.5% geneticcontribution from an embodiment of the present soybean variety. Suchprogeny may be further characterized as being within a pedigree distanceof 1, 2, 3, 4 or 5 or more cross-pollinations to a soybean plant otherthan the present invention or a plant that has the present invention asa progenitor. Molecular profiles may be identified with SNP, SingleNucleotide Polymorphism, or other tools also.

Traits are average values for all trial locations, across all years inwhich the data was taken. In addition to the visual traits that aretaken, the genetic characteristic of the plant can also be characterisedby its genetic marker profile. The profile can interpret or predict thepedigree of the line, the relation to another variety, determine theaccuracy of a listed breeding strategy, or invalidate a suggestedpedigree. Soybean linkage maps were known by 1999 as evidenced in Creganet. al, “An Integrated Genetic Linkage Map of the Soybean Genome” CropScience 39:1464 1490 (1999); and using markers to determine pedigreeclaims was discussed by Berry et al., in “Assessing Probability ofAncestry Using Simple Sequence Repeat Profiles: Applications to MaizeInbred Lines and Soybean Varieties” Genetics 165:331 342 (2003), each ofwhich are incorporated by reference herein in their entirety. Markersinclude but are not limited to Restriction Fragment Length Polymorphisms(RFLPs), Randomly Amplified Polymorphic DNAs (RAPDs), Arbitrarily PrimedPolymerase Chain Reaction (AP-PCR), DNA Amplification Fingerprinting(DAF), Sequence Characterized Amplified Regions (SCARs), AmplifiedFragment Length Polymorphisms (AFLPs), Simple Sequence Repeats (SSRs)which are also referred to as Microsatellites, and Single NucleotidePolymorphisms (SNPs). There are known sets of public markers that arebeing examined by ASTA and other industry groups for their applicabilityin standardizing determinations of what constitutes an essentiallyderived variety under the US Plant Variety Protection Act.

However, these standard markers do not limit the type of marker andmarker profile which can be employed in breeding or developing backcrossconversions, or in distinguishing varieties or plant parts or plantcells, or verify a progeny pedigree. Primers and PCR protocols forassaying these and other markers are disclosed in the Soybase (sponsoredby the USDA Agricultural Research Service and Iowa State University)located at the world wide web at 129.186.26.94/SSR.html.

Additionally, these markers such as SSRs, RFLP's, SNPs, Ests, AFLPs,gene primers, and the like can be developed and employed to identifygenetic alleles which have an association with a desired trait. Theallele can be used in a marker assisted breeding program to move traits(native, nonnative (from a different species), or transgenes) into thepresent invention. The value of markers includes allowing theintrogression of the allele(s)/trait(s) into the desired germplasm withlittle to no superfluous germplasm being dragged from the allele/traitdonor plant into the present invention. This results in formation of thepresent invention for example, cyst nematode resistance, brown stem rotresistance, aphid resistance, Phytophthora resistance, IDC resistance,BT genes, male sterility genes, glyphosate tolerance genes, Dicambatolerance, HPPD tolerance, rust tolerance, Asian Rust tolerance, fungaltolerance, or drought tolerance genes. Additionally, the inventionthrough transgenes, or if a native trait through markers or backcrossbreeding, can include a polynucleotide encoding phytase, FAD-2, FAD-3,galactinol synthase or a raffinose synthetic enzyme; or a polynucleotideconferring resistance to soybean cyst nematode, brown stem rot,phytophthora root rot, or sudden death syndrome or resistance, toleranceto FUNGAL DISEASES such as: Alternaria spp., Agrobacterium rhizogenes,Calonectria crotalariae, Cercospora kikuchii, Cercospora sojina,Choanephora infundibulifera, Colletotrichum spp., Corynesporacassiicola, Curtobacterium flaccumfaciens, Dactuliochaeta glycines,Diaporthe phaseolorum, Fusarium oxysporum, Macrophomina phaseolina,Microsphaera difusa, Peronospora manshurica, Phakopsora pachyrhizi,Phialophora gregata, Phomopsis phaseolorum, Phyllosticta sojicola,Phytophthora sojae, Pseudomonas syringae, Pythium spp., Rhizoctoniasolana, Sclerotinia sclerotiorum, Sclerotium rolfsii, Septoria glycines,Sphaceloma glycines, Thielaviopsis basicota.; or tolerance to BACTERIALand VIRAL DISEASES such as: Xanthomonas campestres, Cowpea ChloroticMottle Virus (CCMV), Peanut Mottle Virus (PMV), Tobacco Streak Virus(TSV), Bean Yellow Mosaic Virus (BYMV), Black Gram Mottle Virus (BGMV),Cowpea Mild Mottle Virus (CMMV), Cowpea Severe Mosaic Virus (CSMV),Indonesian Soybean Dwarf Virus (ISDV), Mung Bean Yellow Mosaic Virus(MYMV), Peanut Stripe Virus (VPMM), Soybean Chlorotic Mottle Virus,Soybean Crinkle Leaf Virus, Soybean Yellow Vein Virus (SYVV), TobaccoMosaic Virus (TMV); NEMATODES such as: Belonolaimus gracilis,Meloidogyne spp, Rotylenchulus reniformis, Pratylenchus spp.,Hoplolaimus sulumbus, Heterodera schachtii.

Many traits have been identified that are not regularly selected for inthe development of a new cultivar. Using materials and methods wellknown to those persons skilled in the art, traits that are capable ofbeing transferred, to cultivar of the present invention include, but arenot limited to, herbicide tolerance, resistance for bacterial, fungal,or viral disease, nematode resistance, insect resistance, enhancednutritional quality, such as oil, starch and protein content or quality,improved performance in an industrial process, altered reproductivecapability, such as male sterility or male/female fertility, yieldstability and yield enhancement. Other traits include the production ofcommercially valuable enzymes or metabolites within the presentinvention.

A transgene typically comprises a nucleotide sequence whose expressionis responsible or contributes to the trait, under the control of apromoter capable of directing the expression of the nucleotide sequenceat the desired time in the desired tissue or part of the plant.Constitutive, tissue-specific or inducible promoters are well known inthe art and have different purposes and each could be employed. Thetransgene(s) may also comprise other regulatory elements such as forexample translation enhancers or termination signals. The transgene maybe adapted to be transcribed and translated into a protein, or to encodeRNA in a sense or antisense orientation such that it is not translatedor only partially translated.

Transgenes may be directly introduced into the cultivar using geneticengineering, site specific insertion techniques, and transformationtechniques well known in the art or introduced into the cultivar througha process which uses a donor parent which has the transgene(s) alreadyintrogressed. This process of introduction of a transgene(s) ornative/non-native traits into the cultivar may use the donor parent in amarker assisted trait conversion process, where the trait may be movedfor example by backcrossing using the markers for selection ofsubsequent generations.

The laboratory-based techniques described above, in particular RFLP andSSR, can be used in such backcrosses to identify the progenies havingthe highest degree of genetic identity with the recurrent parent. Thispermits one to accelerate the production of soybean cultivars having atleast 90%, 95%, 99% genetic, or genetically identical to the recurrentparent, and further comprising the trait(s) introgressed from the donorparent. Such determination of genetic identity can be based on markersused in the laboratory-based techniques described above.

The last backcross generation is then selfed to give pure breedingprogeny for the gene(s) being transferred. The resulting plants haveessentially all of the morphological and physiological characteristicsof cultivar of the present invention, in addition to the gene trait(s)transferred to the inbred. The exact backcrossing protocol will dependon the trait being altered to determine an appropriate testing protocol.Although backcrossing methods are simplified when the trait beingtransferred is a dominant allele, a recessive allele may also betransferred. In this instance it may be necessary to introduce a test ofthe progeny to determine if the desired trait has been successfullytransferred.

The cultivar of the invention can also be used for transformation whereexogenous genes are introduced and expressed by the cultivar of theinvention. Genetic variants created either through traditional breedingmethods using cultivar of the present invention or throughtransformation of such cultivar by any of a number of protocols known tothose of skill in the art are intended to be within the scope of thisinvention (see e.g. Trick et al. (1997) Recent Advances in SoybeanTransformation, Plant Tissue Culture and Biotechnology, 3:9-26).

Transformation methods are means for integrating new genetic codingsequences (transgenes) into the plant's genome by the incorporation ofthese sequences into a plant through man's assistance. Many dicotsincluding soybeans can easily be transformed with Agrobacterium. Methodsof introducing desired recombinant DNA molecule into plant tissueinclude the direct infection or co-cultivation of plant cells withAgrobacterium tumefaciens, Horsch et al., Science, 227:1229 (1985).Descriptions of Agrobacterium vector systems and methods are shown inGruber, et al., “Vectors for Plant Transformation, in Methods in PlantMolecular Biology & Biotechnology” in Glich et al., (Eds. pp. 89-119,CRC Press, 1993). Transformed plants obtained via protoplasttransformation are also intended to be within the scope of thisinvention. Other transformation methods such as whiskers, aerosol beam,etc. are well known in the art and are within the scope of thisinvention. The most common method of transformation after the use ofagrobacterium is referred to as gunning or microprojectile bombardment.This process has small gold-coated particles coated with DNA (includingthe transgene) shot into the transformable material. Techniques forgunning DNA into cells, tissue, explants, meristems, callus, embryos,and the like are well known in the prior art.

The DNA used for transformation of these plants clearly may be circular,linear, and double or single stranded.

Some of the time the DNA is in the form of a plasmid. The plasmid maycontain additional regulatory and/or targeting sequences which assistthe expression or targeting of the gene in the plant. The methods offorming plasmids for transformation are known in the art. Plasmidcomponents can include such items as: leader sequences, transitpolypeptides, promoters, terminators, genes, introns, marker genes, etc.The structures of the gene orientations can be sense, antisense, partialantisense or partial sense: multiple gene copies can be used.

After the transformation of the plant material is complete, the nextstep is identifying the cells or material, which has been transformed.In some cases, a screenable marker is employed such as thebeta-glucuronidase gene of the uidA locus of E. coli. Then, thetransformed cells expressing the colored protein are selected for eitherregeneration or further use. In many cases, a selectable markeridentifies the transformed material. The putatively transformed materialis exposed to a toxic agent at varying concentrations. The cells nottransformed with the selectable marker, which provides resistance tothis toxic agent, die. Cells or tissues containing the resistantselectable marker generally proliferate. It has been noted that althoughselectable markers protect the cells from some of the toxic effects ofthe herbicide or antibiotic, the cells may still be slightly affected bythe toxic agent by having slower growth rates. If the transformedmaterials are cell lines then these lines are used to regenerate plants.The cells' lines are treated to induce tissue differentiation. Methodsof regeneration of plants are well known in the art. General methods ofculturing plant tissues are provided for example by Maki et al.“Procedures for Introducing Foreign DNA into Plants” in Methods in PlantMolecular Biology & Biotechnology, Glich et al. (Eds. pp. 67-88 CRCPress, 1993); and by Phillips et al. “Cell-Tissue Culture and In-VitroManipulation” in Soybean & Soybean Improvement, 3rd Edition Sprague etal. (Eds. pp. 345-387) American Society of Agronomy Inc. et al. 1988.

The plants from the transformation process or the plants resulting froma cross using a transformed line or the progeny of such plants whichcarry the transgene are transgenic plants.

The genes responsible for a specific gene trait are generally inheritedthrough the nucleus. Known exceptions are, e.g. the genes for malesterility, some of which are inherited cytoplasmically, but still act assingle gene traits. Male sterile soybean germplasm for hybrid soybeanproduction was taught in U.S. Pat. No. 4,648,204. In a preferredembodiment, a transgene to be introgressed into the cultivar BY1210428is integrated into the nuclear genome of the donor, non-recurrent parentor the transgene is directly transformed into the nuclear genome ofcultivar BY1210428. In another embodiment of the invention, a transgeneto be introgressed into cultivar BY1210428 is integrated into theplastid genome of the donor, non-recurrent parent or the transgene isdirectly transformed into the plastid genome of cultivar BY1210428. In afurther embodiment of the invention, a plastid transgene comprises agene that has transcribed from a single promoter, or two or more genestranscribed from a single promoter.

A non-exclusive list of traits or nucleotide sequences capable of beingtransferred into cultivar BY1210428, using material and methods wellknown to those persons skilled in the art are as follows: geneticfactor(s) responsible for resistance to brown stem rot (U.S. Pat. No.5,689,035) or resistance to cyst nematodes (U.S. Pat. No. 5,491,081); atransgene encoding an insecticidal protein, such as, for example, acrystal protein of Bacillus thuringiensis or a vegetative insecticidalprotein from Bacillus cereus, such as VIP3 (see, for example, Estruch etal. Nat Biotechnol [1997] 15:137-41); a herbicide tolerance transgenewhose expression renders plants tolerant to the herbicide, for example,expression of an altered acetohydroxyacid synthase (AHAS) enzyme confersupon plants tolerance to various imidazolinone or sulfonamide herbicides(U.S. Pat. No. 4,761,373.) Other traits capable of being transformedinto cultivar BY1210428 include, for example, a non-transgenic traitconferring to cultivar BY1210428 tolerance to imidazolinones orsulfonylurea herbicides; a transgene encoding a mutant acetolactatesynthase (ALS) that renders plants resistant to inhibition bysulfonylurea herbicides (U.S. Pat. No. 5,013,659); a gene encoding amutant glutamine synthetase (GS) resistant to inhibition by herbicidesthat are known to inhibit GS, e.g. phosphinothricin and methioninesulfoximine (U.S. Pat. No. 4,975,374); and a Streptomyces bar geneencoding a phosphinothricin acetyl transferase resulting in tolerance tothe herbicide phosphinothricin or glufosinate (U.S. Pat. No. 5,489,520.)

Other genes capable of being transferred into the cultivar BY1210428 ofthe invention include toleration to inhibition by cyclohexanedione andaryloxyphenoxypropanoic acid herbicides (U.S. Pat. No. 5,162,602), whichis conferred by an altered acetyl coenzyme A carboxylase (ACCase);transgenic glyphosate tolerant plants, which tolerance is conferred byan altered 5-enolpyruvyl-3-phosphoshikimate (EPSP) synthase gene;tolerance to a protoporphyrinogen oxidase inhibitor, which is achievedby expression of a tolerant protoporphyrinogen oxidase enzyme in plants(U.S. Pat. No. 5,767,373.) Genes encoding altered protox resistant to aprotox inhibitor can also be used in plant cell transformation methods.For example, plants, plant tissue or plant cells transformed with atransgene can also be transformed with a gene encoding an altered protox(See U.S. Pat. No. 6,808,904 incorporated by reference) capable of beingexpressed by the plant. The thus-transformed cells are transferred tomedium containing the protox inhibitor wherein only the transformedcells will survive. Protox inhibitors contemplated to be particularlyuseful as selective agents are the diphenylethers (e.g. acifluorfen,5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobezoic acid; its methylester, or oxyfluorfen,2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluorobenzene)), oxidiazoles,(e.g. oxidiazon,3-[2,4-dichloro-5-(1-methylethoxy)phenyl]-5-(1,1-dimethylethyl)-1,3,4-oxadiazol-2-(3H)-one), cyclic imides (e.g. S-23142,N-(4-chloro-2-fluoro-5-propargyloxyphenyl)-3,4,5,6-tetrahydrophthalimide;chlorophthalim, N-(4-chlorophenyl)-3,4,5,6-tetrahydrophthalimide),phenyl pyrazoles (e.g. TNPP-ethyl, ethyl2-[1-(2,3,4-trichlorophenyl)-4-nitropyrazolyl-5-oxy]propionate; M&B39279), pyridine derivatives (e.g. LS 82-556), and phenopylate and itsO-phenylpyrrolidino- and piperidinocarbamate analogs and bicyclictriazolones as disclosed in the International patent application WO92/04827; EP 532146).

The method is applicable to any plant cell capable of being transformedwith an altered protox-encoding gene, and can be used with any transgeneof interest. Expression of the transgene and the protox gene can bedriven by the same promoter functional on plant cells, or by separatepromoters.

Modified inhibitor-resistant protox enzymes of the present invention areresistant to herbicides that inhibit the naturally occurring protoxactivity. The herbicides that inhibit protox include many differentstructural classes of molecules (Duke et al., Weed Sci. 39: 465 (1991);Nandihalli et al., Pesticide Biochem. Physiol. 43: 193 (1992); Matringeet al., FEBS Lett. 245: 35 (1989); Yanase and Andoh, Pesticide Biochem.Physiol. 35: 70 (1989)), including the diphenylethers {e.g.acifluorifen, 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobezoicacid; its methyl ester; or oxyfluorfen,2-chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluorobenzene)}, oxidiazoles(e.g. oxidiazon,3-[2,4-dichloro-5-(1-methylethoxy)phenyl]-5-(1,1-dimethylethyl)-1,3,4-oxadiazol-2-(3H)-one), cyclic imides (e.g. S-23142,N-(4-chloro-2-fluoro-5-propargyloxyphenyl)-3,4,5,6-tetrahydrophthalimide;chlorophthalim, N-(4-chlorophenyl)-3,4,5,6-tetrahydrophthalimide),phenyl pyrazoles (e.g. TNPP-ethyl, ethyl2-[1-(2,3,4-trichlorophenyl)-4-nitropyrazolyl-5-oxy]propionate; M&B39279), pyridine derivatives (e.g. LS 82-556), and phenopylate and itsO-phenylpyrrolidino- and piperidinocarbamate analogs.

Direct selection may be applied where the trait acts as a dominanttrait. An example of a dominant trait is herbicide tolerance. For thisselection process, the progeny of the initial cross are sprayed with theherbicide prior to the backcrossing. The spraying eliminates any plantthat does not have the desired herbicide tolerance characteristic, andonly those plants that have the herbicide tolerance gene are used in thesubsequent backcross. This process is then repeated for the additionalbackcross generations.

In yet another embodiment of the present invention, a transgenetransformed or introgressed into cultivar BY1210428 comprises a geneconferring tolerance to a herbicide and at least another nucleotidesequence for another trait, such as for example, insect resistance ortolerance to another herbicide. Another gene capable of beingtransferred into the cultivar BY1210428 of the invention expressesthioredoxin and thioredoxin reductase enzymes for modifying graindigestibility and nutrient availability (U.S. Pat. Appl. No.20030145347.)

Further reproduction of the cultivar can occur by tissue culture andregeneration. Tissue culture of various tissues of soybeans andregeneration of plants therefrom is well known and widely published. Forexample, reference may be had to Komatsuda, T. et al., “Genotype XSucrose Interactions for Somatic Embryogenesis in Soybean,” Crop Sci.31:333-337 (1991); Stephens, P. A. et al., “Agronomic Evaluation ofTissue-Culture-Derived Soybean Plants,” Theor. Appl. Genet. (1991)82:633-635; Komatsuda, T. et al., “Maturation and Germination of SomaticEmbryos as Affected by Sucrose and Plant Growth Regulators in SoybeansGlycine gracilis Skvortz and Glycine max (L.) Merr.,” Plant Cell, Tissueand Organ Culture, 28:103-113 (1992); Dhir, S. et al., “Regeneration ofFertile Plants from Protoplasts of Soybean (Glycine max L. Merr.):Genotypic Differences in Culture Response,” Plant Cell Reports (1992)11:285-289; Pandey, P. et al., “Plant Regeneration from Leaf andHypocotyl Explants of Glycine wightii (W. and A.) VERDC. varlongicauda,” Japan J. Breed. 42:1-5 (1992); and Shetty, K., et al.,“Stimulation of In Vitro Shoot Organogenesis in Glycine max (Merrill.)by Allantoin and Amides,” Plant Science 81:(1992) 245-251; as well asU.S. Pat. No. 5,024,944, issued Jun. 18, 1991 to Collins et al. and U.S.Pat. No. 5,008,200, issued Apr. 16, 1991 to Ranch et al. Thus, anotheraspect of this invention is to provide cells that upon growth anddifferentiation produce soybean plants having all or essentially all thephysiological and morphological characteristics of cultivar BY1210428.The disclosures, publications, and patents that are disclosed herein areall hereby incorporated herein in their entirety by reference.

The seed of soybean cultivar BY1210428 further comprising one or morespecific, single gene traits, the plant produced from the seed, thehybrid soybean plant produced from the crossing of the cultivar with anyother soybean plant, hybrid seed, and various parts of the hybridsoybean plant can be utilized for human food, livestock feed, and as araw material in industry.

Soybean is the world's leading source of vegetable oil and protein meal.The oil extracted from soybeans is used for cooking oil, margarine, andsalad dressings. Soybean oil is composed of saturated, monounsaturatedand polyunsaturated fatty acids. It has a typical composition of 11%palmitic, 4% stearic, 25% oleic, 50% linoleic and 9% linolenic fattyacid content (“Economic Implications of Modified Soybean Traits SummaryReport”, Iowa Soybean Promotion Board & American Soybean AssociationSpecial Report 92S, May 1990.) Changes in fatty acid composition forimproved oxidative stability and nutrition are constantly sought after.(U.S. Pat. No. 5,714,670 Soybeans Having Low Linolenic Acid and LowPalmitic Acid Contents; U.S. Pat. No. 5,763,745 Soybeans Having LowLinolenic Acid Content and Palmitic Acid Content of at Least ElevenPercent; U.S. Pat. No. 5,714,668 Soybeans Having Low Linolenic Acid AndElevated Stearic Acid Content; U.S. Pat. No. 5,714,669 A17 SoybeansHaving Low Linolenic Acid Content and Descendents; U.S. Pat. No.5,710,369 A16 Soybeans Having Low Linolenic Acid Content andDescendents; U.S. Pat. No. 5,534,425 Soybeans Having Low Linolenic AcidContent and Method of Production; U.S. Pat. No. 5,750,844 SoybeansCapable of Forming a Vegetable Oil Having Specified Concentrations ofPalmitic and Stearic Acids; U.S. Pat. No. 5,750,845 Soybeans Capable ofForming a Vegetable Oil Having a Low Saturated Fatty Acid Content; U.S.Pat. No. 5,585,535 Soybeans and Soybean Products Having Low PalmiticAcid Content; U.S. Pat. No. 5,850,029 Soybean Designated AX7017-1-3;U.S. Pat. No. 5,663,485 Soybean Designated A89-259098; U.S. Pat. No.5,684,230 Soybean Designated AX 4663-5-4-5; U.S. Pat. No. 5,684,231Soybean Designated A1937 NMU-85; U.S. Pat. No. 5,714,672 SoybeanDesignated ElginEMS-421; U.S. Pat. No. 5,602,311 Soybeans and SoybeanProducts Having High Palmitic Acid Content; U.S. Pat. No. 5,795,969Soybean Vegetable Oil Having Elevated Concentrations of Both Palmiticand Stearic Acid; U.S. Pat. No. 5,557,037 Soybeans Having ElevatedContents of Saturated Fatty Acids; U.S. Pat. No. 5,516,980 SoybeanVariety XB37ZA; U.S. Pat. No. 5,530,183 Soybean Variety 9253; U.S. Pat.No. 5,750,846 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,060,647 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,025,509 Elevated Palmitic Acid Production in Soybeans; U.S. Pat.No. 6,133,509 Reduced Linolenic Acid Production in Soybeans; U.S. Pat.No. 5,986,118 Soybean Vegetable Oil Possessing a Reduced Linolenic AcidContent; U.S. Pat. No. 5,850,030 Reduced Linolenic Acid Production inSoybeans). Industrial uses of soybean oil that is subjected to furtherprocessing include ingredients for paints, plastics, fibers, detergents,cosmetics, and lubricants. Soybean oil may be split, inter-esterified,sulfurized, epoxidized, polymerized, ethoxylated, or cleaved. Designingand producing soybean oil derivatives with improved functionality,oliochemistry is a rapidly growing field. The typical mixture oftriglycerides is usually split and separated into pure fatty acids,which are then combined with petroleum-derived alcohols or acids,nitrogen, sulfonates, chlorine, or with fatty alcohols derived from fatsand oils.

The techniques of seed treatment application are well known to thoseskilled in the art, and they may be used readily in the context of thepresent invention. The seed treating compositions can be applied to theseed as slurry, mist or a soak or other means know to those skilled inthe art of seed treatment. There also may be mentioned, e.g., filmcoating or encapsulation. The coating processes are well known in theart, and employ, for seeds, the techniques of film coating orencapsulation, or for the other multiplication products, the techniquesof immersion. Needless to say, the method of application of thecompositions to the seed may be varied and is intended to include anytechnique that is to be used.

The term “fungicide” as utilized herein is intended to cover compoundsactive against phytopathogenic fungi that may belong to a very widerange of compound classes. Examples of compound classes to which thesuitable fungicidally active compound may belong include both roomtemperature (25. degree. C.) solid and room temperature liquidfungicides such as: triazole derivatives, strobilurins, carbamates(including thio- and dithiocarbamates), benzimidazoles (thiabendazole),N-trihalomethylthio compounds (captan), substituted benzenes,carboxamides, phenylamides and phenylpyrroles, and mixtures thereof.

The present invention includes a method for preventing damage by a pestto a seed of the present invention and/or shoots and foliage of a plantgrown from the seed of the present invention. Broadly the methodincludes treating the seed of the present invention with a pesticide.The pesticide is a composition that stops pests including insects,diseases, and the like. Broadly compositions for seed treatment caninclude but is not limited to any of one of the following: aninsecticide, or a fungicide.

The method comprises treating an unsown seed of the present inventionwith neonicotinoid composition. One of these compositions isthiamethoxam. Additionally, the neonicotinoid composition can include atleast one pyrethrin or synthetic pyrethroid, to reduce pest damage. Morespecifically there is a method of seed treatment which employsthiamethoxam and at least one pyrethrin or pyrethroid are comprisedwithin a seed coating treated on the seed of the present invention. Thecombination, if thiamethoxam is employed, can be coated at a rate whichis greater than 200 gm/100 kg of seed. The method includes having atleast one of the pyrethroids being a systemic insecticide.

The pyrethrin or synthetic pyrethroid, if employed can be selected fromthe group consisting of taufluvalinate, flumethrin, trans-cyfluthrin,kadethrin, bioresmethrin, tetramethrin, phenothrin, empenthrin,cyphenothrin, prallethrin, imiprothrin, allethrin and bioallethrin.

The fungicidally active compounds and/or the insecticidal activecompounds are employed in a fungicidally and/or insecticidally effectiveamount in the composition. Mixtures of one or more of the followingactive compounds are usable as an active component treatment of the seedof the present invention. Examples of suitable individual compounds foruse in seed treatments are listed below. Where known, the common name isused to designate the individual compounds (q.v. the Pesticide Manual,12th edition, 2001, British Crop Protection Council).

Suitable triazole derivatives include propiconazole, difenconazole,tebuconazole, tetraconazole and triticonazole. Suitable strobilurinsinclude trifloxystrobin, azoxystrobin, kresoxim-methyl andpicoxystrobin. Suitable carbamates include thiram. Suitable substitutedbenzenes include PCNB and chlorothalonil. Suitable carboxamides includecarboxin. Specific phenylamides usable in the compositions and methodsinclude metalaxyl. A specific phenylpyrrole usable in the composition isfludioxonil.

Other suitable fungicidal compounds that maybe mentioned are Benomyl(also known as Benlate), Bitertanol, Carbendazim, Capropamid, Cymoxanil,Cyprodinil, Ethirimol, Fenpiclonil, Fenpropimorph, Fluquinconazole,Flutolanil, Flutriafol, Fosetyl-aluminum, Fuberidazole, Guazatine,Hymexanol, Kasugamycin, Imazalil, Imibenconazole,Iminoctadine-triacetate, Ipconazole, Iprodione, Mancozeb, Maneb,Mepronil, Metalaxyl, Metalaxyl-M (Mefenoxam), Metconazole, Metiram, MON65500 (Silthiopham-ISO proposed), Myclobutanil, Nuarimol, Oxadixyl,Oxine-copper, Oxolinic acid, Pefurazoate, Pencycuron, Prochloraz,Propamocarb hydrochloride, Pyroquilon, Silthiopham—see MON 65500,Tecnazene, Thifluzamide, Thiophenate-methyl, Tolclofos-methyl,Triadimenol, Triazoxide and Triflumizole.

The fungicidally active compounds and/or the insecticidal activecompounds are employed in a fungicidally and/or insecticidally effectiveamount in the composition. Mixtures of one or more of the followingactive compounds also are usable as an active component treatment of theseed of the present invention.

In one seed treatment, mixtures of at least one ambient liquid fungicide(for example, a phenylamide such as R-metalaxyl) and at least oneambient solid fungicide (for example, a phenylpyrrole such asfludioxonil) could be employed. The apparatus for providing theappropriate amount of seed treatment of a specific chemical compositionfor a seed are well known in the seed coating industry (See, forexample, U.S. Pat. Nos. 5,632,819 and 5,891,246).

Soybean is not just a seed it is also used as a grain. The grain is usedas a food source for both animals and humans. Soybean is widely used asa source of protein for animal feeds for poultry, swine and cattle. Thesoybean grain is a commodity. The soybean commodity plant productsinclude but are not limited to protein concentrate, protein isolate,soybean hulls, meal, flower, oil and the whole soybean itself. Duringprocessing of whole soybeans, the fibrous hull is removed and the oil isextracted. The remaining soybean meal is a combination of carbohydratesand approximately 50% protein. For human consumption soybean meal ismade into soybean flour that is processed to protein concentrates usedfor meat extenders or specialty pet foods. Production of edible proteiningredients from soybean offers a healthy less expensive replacement foranimal protein in meats as well as dairy-type products.

Deposit Information

Applicants have made a deposit of at least 2500 seeds of soybeancultivar BY1210428 with the American Type Culture Collection (ATCC)Patent Depository, 10801 University Blvd., Manassas, Va. 20110. The ATCCnumber of the deposit is PTA-121940. The date of deposit was Jan. 16,2015, and the seed was tested on Feb. 2, 2015 and found to be viable.Access to this deposit will be available during the pendency of theapplication to the Commissioner for Patents and persons determined bythe Commissioner to be entitled thereto upon request. Upon granting of apatent on any claims in the application, the Applicants will make thedeposit available to the public with all restrictions irrevocablyremoved pursuant to 37 CFR §1.808. Additionally, Applicants will meetthe requirements of 37 CFR §1.801-1.809, including providing anindication of the viability of the sample when the deposit is made. TheATCC deposit will be maintained in that depository, which is a publicdepository, for a period of 30 years, or 5 years after the last request,or for the enforceable life of the patent, whichever is longer, and willbe replaced if it becomes nonviable during that period.

The present invention BY1210428 is employed in a number of plotrepetitions to establish trait characteristics.

The invention is a novel soybean cultivar designated BY1210428 with highyield potential, tolerance to Roundup herbicide, resistance to Race 3 ofsoybean cyst nematode and resistance to Race 14 of soybean cyst nematode(Heterodera glycines) and susceptible to Southern Root Knot Nematode(Meloidogyne incognita). The invention relates to seeds of the cultivarBY1210428, plants of the cultivar BY1210428, and to methods forproducing a soybean plant produced by crossing the soybean BY1210428 byitself or another soybean genotype.

The present invention BY1210428 is a Group V Maturity soybean cultivar.This variety has an RM 5.90 and is to be sold commercially in the Deltaand Southeastern USA where other determinate Maturity Group V soybeansare grown. Specific area where best adaptation occurs based on yieldperformance is the Delta and Southeast and includes areas that require:Resistance to soybean cyst nematode, tolerance to Frogeye leaf spot andhigh yield across different soil types and across low and high yieldingenvironments with tolerance to glyphosate.

The characteristics and traits of the invention are listed below.

Characteristics and Traits

Plant Characteristics Plant Health Herbicide Transgene MON 89788Phytophthora Gene Rps1a Insect Transgene Rust Gene Other Transgene SCNRace 1 FI % Sulfonylurea N SCN Race 2 FI % Tolerance MetribuzinTolerance Sens SCN Race 3 FI % 0 % Protein @ 13% mst 38.7 SCN Race 5 FI% % Oil @13% mst 20.5 SCN Race 7 FI % SCN Race 9 FI % Seed Shape SCNRace 14 FI % 8 Seed Coat Luster RKN Incognita 8 Peroxidase RKN ArenariaSeed Size g/100 seeds 13.9 RKN Javanica Growth Habit DET Sting NematodeRelative Maturity 5.90 Stem Canker Tolerance Hypocotyl Color Lightpurple Chloride Sensitivity CLMS Plant Morphological PTTBl Aphid GeneNone Leaf Color 2 Leaf Shape Calculated 1.5261 Leaf Shape Oval SCN =Soybean Cyst Nematode, RKN = Root Knot Nematode Rps gene indicates thespecific gene for resistance but if none are indicated then none areknown to be present. % Protein and % Oil are given at 13% moisture(standard moisture). MON 89788 indicates that this variety carries theglyphosate tolerance transgene derived from event MON 89788. PlantMorphological traits are listed in the order of flower, pubescence, podcolor, and hilum. For flower, P—purple, W = white, and S = segregating(mixture of colors). For pubescence, G = gray, T = tawny, Lt = LT =light tawny, and S = segregating (mixture of colors). For pod color, T =tawny, B = brown, and S = segregating (mixture of colors). For hilum, G= gray, BR = Br = brown, BF = Bf = buff, BL = Bl = black, IB = Ib =imperfect black, Y = yellow, IY = Iy = imperfect yellow, S = segregating(mixture of colors). Leaf color is as is: 1 = Light green, 2 = Mediumgreen, and 3 = Dark green Ratings are on a 1 to 9 scale with 1 being thebest. Sting Nematode is Pratylenchus. Chloride sensitivity: CL =chloride, M = molecular marker results, X = segregating, S = susceptiblemarker allele present, R = resistant marker allele present.

Table of Agronomic and Disease Traits VHNO Yield Emerge HrvstLod GrnLodMatDays Height Canopy HVAPR GrnStem IDC BY1210428 65.2 2.2 1.9 3.4 133.637.1 4.0 2.6 2.5 5.8 S55-Q3 65.0 2.2 3.4 4.3 130.1 36.1 5.1 3.7 2.0 5.5S59-V9 63.0 2.2 3.7 4.2 134.9 34.9 5.0 3.9 2.0 5.4 Environments 45.014.0 19.0 4.0 16.0 16.0 6.0 13.0 1.0 3.0 Grand Mean* 64.2 2.3 2.4 3.8131.7 35.5 4.3 3.4 2.1 5.5 Check Mean* 63.4 2.3 2.6 3.8 131.2 35.3 4.53.6 2.2 5.6 LSD (0.05)* 2.2 0.4 0.4 0.0 1.5 1.5 0.7 0.5 1.8 0.0 VHNOHeight CRR FELS DPM_R PRR MI_R HVAPR SDS GrnStem CRR BY1210428 37.1 1.31.9 2.0 3.8 8.5 2.6 4.0 2.5 1.3 S55-Q3 36.1 3.0 2.0 4.5 4.7 3.0 3.7 5.32.0 3.0 S59-V9 34.9 2.0 1.9 3.3 4.5 8.5 3.9 4.7 2.0 2.0 Environments16.0 1.0 4.0 2.0 2.0 2.0 13.0 3.0 1.0 1.0 Grand Mean* 35.5 2.0 2.3 2.94.4 6.5 3.4 4.7 2.1 2.0 Check Mean* 35.3 2.0 2.5 3.3 4.5 5.6 3.6 5.0 2.22.0 LSD (0.05)* 1.5 1.5 1.3 0.0 0.0 0.9 0.5 0.0 1.8 1.5 *Calculationsinclude data not shown

As the previous chart indicates each of these lines has their ownpositive traits. Each of these lines is different from the presentinvention.

BY1210428 yields similar to (+0.5%) 55-Q3 and has similar plant growthhabit but has a different relative maturity. BY1210428 is a 5.9 relativematurity and determinate plant type while S55-Q3 is a 5.5 relativematurity and determinate plant type. BY1210428 yields 3% higher thanS59-V6 and can be differentiated from S59-V6 by pubescence color andhilum color. BY1210428 is a 5.9 relative maturity with tawny pubescenceand black hilum while S59-V9 is a 5.9 relative maturity with graypubescence and imperfect black hilum. BY1210428 has a yellow seed coatcolor.

Accordingly, the present invention has been described with some degreeof particularity directed to the preferred embodiment of the presentinvention. It should be appreciated, though that the present inventionis defined by the following claims construed in light of the prior artso that modifications or changes may be made to the preferred embodimentof the present invention without departing from the inventive conceptscontained herein.

What is claimed:
 1. A seed of soybean variety BY1210428, wherein arepresentative sample of seed of said soybean variety BY1210428 has beendeposited under ATCC Accession Number PTA-121940.
 2. A soybean plant, ora part thereof, comprising all the physiological and morphologicalcharacteristics of the soybean variety BY1210428, wherein arepresentative sample of seed of said soybean plant variety BY1210428has been deposited under ATCC Accession Number PTA-121940.
 3. A plantpart of claim 2, wherein said part is pollen, root, seed, seed coat,cell, leaf, stem, anther, or an ovule.
 4. A soybean plant obtained bytransforming the soybean variety of claim
 2. 5. A seed of the soybeanplant according to claim
 4. 6. A method for producing a soybean seed,said method comprising crossing soybean plants and harvesting theresultant soybean seed, wherein at least one soybean plant is thesoybean plant of claim
 2. 7. The method of claim 6, wherein the methodfurther comprises: (a) crossing a plant grown from said resultantsoybean seed with itself or a different soybean plant to produce a seedof a progeny plant of a subsequent generation; (b) growing a progenyplant of a subsequent generation from said seed of a progeny plant of asubsequent generation and crossing the progeny plant of a subsequentgeneration with itself or a second plant to produce a progeny plant of afurther subsequent generation; and (c) repeating steps (a) and (b) usingsaid progeny plant of a further subsequent generation from step (b) inplace of the plant grown from said resultant soybean seed in step (a),wherein steps (a) and (b) are repeated with sufficient inbreeding toproduce an inbred soybean plant derived from soybean variety BY1210428.8. An F1 soybean seed produced by the method of claim 6, wherein thesoybean plant germinated from said soybean seed has all of themorphological and physiological characteristics of soybean varietyBY1210428 when grown in the same location and in the same environment.9. An F1 soybean seed produced by the method of claim 6, wherein atleast one of the soybean plants carries a heritable transgenic event,wherein the soybean plant germinated from said soybean seed has all ofthe morphological and physiological characteristics of soybean varietyBY1210428 other than those characteristics altered by said transgenicevent when grown in the same location and in the same environment.
 10. Asoybean plant, or part thereof, produced by growing said seed of claim8, wherein the soybean plant has all of the morphological andphysiological characteristics of soybean variety BY1210428 when grown inthe same location and in the same environment.
 11. A method fordeveloping a second soybean plant through plant breeding, said methodcomprising applying plant breeding to said soybean plant, or partsthereof according to claim 10, wherein said plant breeding results indevelopment of said second soybean plant.
 12. A method of producing asoybean plant comprising a desired trait, the method comprisingintroducing at least one transgene or locus conferring the desired traitinto the soybean plant variety BY1210428 of claim
 2. 13. An insect,disease or herbicide resistant plant produced by the method of claim 12,wherein the soybean plant has all of the morphological and physiologicalcharacteristics of soybean variety BY1210428 other than thosecharacteristics altered by said transgene or locus when grown in thesame location and in the same environment.
 14. The method of claim 12,wherein the desired trait is selected from the group consisting of malesterility, herbicide tolerance, insect, nematode, or pest resistance,disease resistance, fungal resistance, modified fatty acid metabolism,modified carbohydrate metabolism, drought tolerance, abiotic stresstolerance, and modified nutrient deficiency tolerances.
 15. The methodof claim 12, wherein the desired trait is herbicide tolerance and thetolerance is conferred to an herbicide selected from the groupconsisting of glyphosate, glufosinate, acetolactate synthase (ALS)inhibitors, hydroxyphenylpyruvate dioxygenase (HPPD) inhibitors,protoporphyrinogen oxidase (PPO) inhibitors, phytoene desaturase (PDS)inhibitors, photosystem II (PSII) inhibitors, dicamba and 2,4-D.
 16. Aplant produced by the method of claim 12, wherein the plant has saiddesired trait and all of the morphological and physiologicalcharacteristics of soybean variety BY1210428 other than thosecharacteristics altered by said transgene or locus.
 17. A method ofintroducing a desired trait into soybean variety derived from BY1210428wherein the method comprises: (a) crossing the BY1210428 plant of claim2 with a plant of another soybean variety that comprises the desiredtrait to produce new progeny plants, wherein the desired trait isselected from the group comprising male sterility, herbicide resistance,disease resistance, insect resistance, nematode resistance, modifiedfatty acid metabolism, modified carbohydrate metabolism, and resistanceto bacterial disease, fungal disease or viral disease; (b) selecting oneor more new progeny plants that have the desired trait to produceselected progeny plants; (c) selfing selected progeny plants or crossingthe selected progeny plants with the BY1210428 plants to produce latergeneration selected progeny plants; (d) crossing or further selectingfor later generation selected progeny plants that have the desired traitand physiological and morphological characteristics of soybean varietyBY1210428 to produce selected next later generation progeny plants; andoptionally (e) repeating crossing or selection of later generationprogeny plants to produce progeny plants that comprise the desired traitand all of the physiological and morphological characteristics ofsoybean variety BY1210428 when grown in the same location and in thesame environment.
 18. A plant produced by the method of claim 17,wherein the plant has said desired trait and all of the physiologicaland morphological characteristics of soybean variety BY1210428 whengrown in the same location and in the same environment.
 19. A method ofproducing a commodity plant product, said method comprising obtainingthe plant of claim 2 or a part thereof and producing said commodityplant product comprising protein concentrate, protein isolate, soybeanhulls, meal, flour, or oil from said plant or said part thereof.
 20. Aseed that produces the plant of claim 16.